Legals

This page details our Terms and Conditions with a travelling client.

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This is an agreement between Al Hashmi Tours and the pilgrim who is travelling to Hajj and/or Umrah (2013).

When we act as a principal, the relevant invoice will state that "your ultimate contract is with Al Hashmi Tours Limited". In that case, the following booking conditions will apply, as set out below in "your contract with us" and the following paragraphs.

For clarity, the use of the word "Us", "we", "Al Hashmi Tours" & "the Company", will refer to Al Hashmi Tours Ltd and the term "you", "yourself", "the Client" or "the Pilgrim" will refer to the person signing this agreement.

If you are unclear of any part of this agreement, you are advised to seek independent legal advice before signing this agreement.

The Agreement

An agreement between the Pilgrim and the Company will only be valid if and when the company acknowledges the Hajj Booking form through a receipt and the agreed deposit has been paid, and our bank has cleared all funds. Formal confirmation of flight, hotel and departure times will only be made to the client 7 days before the expected departure date as indicated on the receipt or booking form. And the Client has accepted these terms and conditions by signing the Hajj and Umrah Booking form.

This Agreement or any contract between the client and the company will full under English law and Jurisdiction for the arrangement of the travel and accommodation. Issues within the Kingdom of Saudi Arabia will fall under the Saudi Law and Jurisdiction between the client and the service provider in the Kingdom of Saudi Arabia.

Prices and payment

A full list of what is included in the price of offer will be found in the price list. We guarantee not to increase the basic price of your trip after your full payment. We reserve the right to change hotel prices until full payment or at any time before you book. However, any price changes after your full payment will not affect the price of your booking unless you request a change to the booking/accommodation/flight or other items of your package. All flights booking for Hajj and Umrah require a non-refundable deposit. After the initial booking, the final payment to be made within 24 hours otherwise fare difference must be paid if the new fare/accommodation is higher than the original fare booked. Prices are not guaranteed until tickets are issued, flights can change to other scheduled flight or extra flights (Charter) especially for Hajj. All credit card and debit card processing fees 3.5% apply. If for any reason your Hajj visa has not granted by the Saudi Embassy for your Hajj we are not responsible for any costs and no refund will be offered.

ATOL Protection

ATOL is a financial protection scheme covering UK travellers. Only ATOL Protected tour operators can provide peace of mind and full financial protection. The price of our air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the UK Civil Aviation Authority. This charge is included in our advertised prices.

Your Financial Protection

When you buy an ATOL protected flight or flight inclusive holiday from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither the supplier nor we can do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to claim under the ATOL scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arisen, out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body if that other body has paid sums you have claimed under the ATOL scheme.

Book with confidence

When you book your Hajj and Umrah package or flights with Al Hashmi Tours, you can rest assured that ATOL will protect you. If you would like to verify our ATOL Number is (9899), you may check on the ATOL website by checking the website www.caa.co.uk/ATOL.

That is ATOL, and what does it do for me? ATOL is a protection scheme for air holidays and flights managed by the Civil Aviation Authority ("CAA"). All tour operators and travel firms selling air holiday packages and flights in the UK as a principal are required by law to hold a licence called an Air Travel Organiser’s Licence ("ATOL").

Cancelling your booking

You will not be able to recover your deposit upon cancellation. You will also be liable for further deductions by way of agreed reimbursement to cover all the foreseeable expenses of the Company.

• If Cancelled before 7 (seven) weeks of your Travel 75% refund
• If Cancelled less than 7 (seven) weeks before travel Nil refund

THE MINISTRY OF HAJJ ISSUES THE HAJJ STICKERS IN SAUDI ARABIA TO THE AGENT ON THE SUBMISSION OF DOCUMENTARY EVIDENCE THAT THE AGENT HAS PAID FULLY FOR THE ACCOMMODATION FOR THE PILGRIM IN MAKKAH AND MADINAH. ALL PAYMENTS ARE NON-REFUNDABLE, INCLUDING AIRLINE TICKETS. THEREFORE PILGRIM MUST UNDERSTAND THE VALUE OF HAJJ STICKER FROM MINISTRY OF HAJJ BEFORE COMMITTING FOR THE TRIP AND AGREE TO THE REFUND POLICY. NO ALTERATION OR CHANGE COULD BE INCORPORATED AFTER CONFIRMATION OF BOOKING. HOWEVER, AGENT RESERVES THE RIGHT TO MAKE ANY SUCH CHANGE INCLUDING CHANGE OF TRAVEL DATES, TRAVEL ROUTE & USE OF AIRLINE (SCHEDULE/CHARTER), AIRCRAFT WITHOUT PRIOR NOTICE.

COVID 19 Coronavirus

Due to COVID 19, there may be many changes during the Hajj in light of health and safety implementations by the government of Saudi Arabia. As you can appreciate, these are hard to predict or state what will happen. However, as a Hajji, you should be mentally prepared and be willing to accept that Hajj may be very different from what we are used to seeing and hearing about. We face uncharted territory.

Please consider the below:

• Any passengers with underlying health issues are advised to delay their hajj until the pandemic is over. If your doctor has informed you that you are in the “at-risk category” and were asked to shield during the lockdown, or are asked to take the annual flu jab, then we strongly advise you postpone your Hajj.
• If you are 60 or over, you must seek medical advice before you book. One of the conditions for Hajj to be Fard (obligatory) is that you have good health to undertake the journey.
• We advise that all passengers obtain medical travel insurance that includes cover for Covid19.
• Hajjes not comfortable with wearing face masks, gloves and social distancing should consider their suitability for Hajj. With social distancing, simple things will take much longer, and the hajj will most definitely be slow-paced. If you are an inpatient or easily irritated person, then please reconsider your suitability to travel this year.
• The Saudi Government in light of the current pandemic could and may charge whatever they feel suitable for the safety of the Hajjies and the Kingdom as a whole. This is beyond the control of anyone.
• Refunds can take anything from 5 months onwards.

Disclaimer

Whilst reasonable care is taken to ensure that the information given to you is accurate, we cannot guarantee its true accuracy as the information may come from a third party. We reserve the right to change the information, including these terms and conditions at any time without notice. You must check these terms and conditions for changes. The Company has taken all reasonable steps to ensure that all representatives, agents, tour operator used are reputable. However, the company does not have direct control over such organisations and shall not be responsible for any services, acts or omissions by them or their employees. The Client accepts that the booking is subject to the terms and conditions of such firms companies or persons and shall provide services to the Company and the Client.

If cancellation or change by the Company is brought about by war, riots, civil commotion, strikes, disasters, terrorist act, events of nature, an act of God, technical problems with transportation or other events outside the control of the Company, the Company shall not be held responsible in any way.

All personal baggage, including personal articles, medicines, mobiles phones and any other items the client has with them are at all times and under all circumstances at "owners risk". The Company accepts no responsibility for the Client's failure to carry passports, visas or other documents required for the journey.

As the number of passports handled by the Saudi Embassy; The Company cannot be held responsible for the loss of your passport or any related document(s) the Saudi embassy may lose, misplace or does not deliver to you before your travel. You are at all-time responsible for your travel documents and refusal to travel due to paperwork not being present before your travel; you may be refused to board the plane or refused entry into the Kingdom of Saudi Arabia ("KSA"), you a personably liable for any repatriation charges or travel costs associated with any refusal to board or enter the country.

As is the nature of hajj and with the vast number of pilgrims, there is a higher probability of viruses and airborne deceases, it is, therefore, your personal responsibility of your well-being at all time, the company cannot be held responsible for any personal accidents, illness, and death during your travel and during the pilgrim, or any medical reason. We strongly advise you have suitable travel insurance cover for your journey and stay.

For Health & Safety in the KSA, local rules and compliance will supersede any standard represented or relied upon in the UK.

The Company makes no representations or warranties of any kind concerning flights for Hajj packages including not enough time to perform 40 Salah in Madinah. All hotels star rating are according to Saudi Arabian standard, and some hotels rooms may change from 3/5 to 5/7peoples. During the Hajj journey, the unexpected is often the norm. Despite very careful planning and organisation, the hajj journey can never be taken for granted like a normal holiday expected in the UK. The Pilgrim we wish it to be pleasant for a once in a lifetime experience; however, the vast number of people from across the globe with a varied lifestyle may have an impact on your pilgrim. Unfortunately, the company cannot be held responsible for this experience.

The provision of the service offered by the company is in good faith and best endeavours to meet your standard, however, we, our agents or their sub-agents cannot be held responsible for any shortcomings outside the company’s control against your expectations of the pilgrimage. No express or implied is made by us or by any person as to its accuracy, completeness or fairness, and it should not be relied on as such. Any opinions and estimates expressed reflect our judgment at this date and are subject to change without notice.

In the KSA, the Saudi government has the sole responsibility for the movement of pilgrims between Jeddah, Makkah, Mina, Arafat, Muzdalifah, Madinah or any other point of pilgrimage in the KSA (the Hajj Draft covers all these costs). Our Local Agent has no control what so ever over the transportation, this includes and not limited to, timing, quality of the transport, duration of the journey, facilities on the transport. Our local agent will assist where possible, but this element of the pilgrimage is outside of our control and cannot be held responsible in any shape or form.

The KSA has the sole responsibility of Tents in Mina & Arafat; our local agent will assist where possible; The Company cannot be held responsible for the quality of services at these points in the pilgrimage.

Hajj Visa Application Documents

To make your Hajj application, please ensure the following items have been submitted:

• Colour Passport size photos with white background ONLY.
• Proof of Meningitis (ACWY) vaccination
• Passport valid for eight months (6 months absolute minimum)
• Non-British passport holders must have "INDEFINITE PERMISSION TO STAY" endorsed in your passport.

Hajj Visas are granted by the Saudi Government free of charge Al Hashmi Tours representative able to obtain Hajj visas for all British, EU and other nationals who have any legal right of residency for the UK. The Saudi Embassy requires your passport for varying lengths of time to issue a visa. We can give accurate guidelines as to processing times and ensuring the fastest Hajj & Umrah 2011 Booking Agreement Terms & Conditions Pageprocessing time with our reputable authorised licensed agent.

If you have any questions at this juncture, we will gladly walk you through the process. However, please remember:

• You must have a Hajj Visa.
• If anyone has a non-Muslim name, he or she should submit a certificate from a mosque or an Islamic centre confirming that the applicant is a Muslim with the Visa Application.
• Four recent passport size colour photograph on a white background, any other colour background will be rejected, and your application will be delayed.
• Passports should be valid for at least 6 months from the date of submission of the application form. Ideally, your passport should have eight months of validity.
• Women and children should be accompanied by husband/father or a male relative (Mahram). Proof of relationship is required (a marriage certificate for a wife, a birth certificate for a child indicating the names of both parents). The Mahram must travel into and out of Saudi Arabia on the same flight as his wife and children.
• If a woman is 45 years old or older, she is allowed to go without a Mahram with an organized group or family and submits a notarized No Objection Certificate from her Mahram.
• If the applicant is not a national of the country he/she is applying from; a valid residency permit must be submitted with the application.
• A vaccination certificate against Meningococcal Meningitis should be attached. The certificate of vaccinations should have been issued not more than three years and not less than 10 days before entry to Saudi Arabia, and it should be valid for three years. The vaccination certificate must be with the applicant on entry to Saudi Arabia.
• Hajj Visa is valid for 30 days only.

Flight Delays or Cancelation or Cessation of Aircraft operator/airline

We are unable to accept liability for any flight delays (for any reason Weather, industrial action or any other reason) or cancellation of the flight to or from Saudi Arabia if the operator fails or is unable to fill the obligation of their part of the contract. We will assist the operator in finding alternative aircraft, but this will be on best endeavours. You must have sufficient travel insurance to cover this remote eventuality.

Local Customs

You must behave at all times in line with local customs and abide by the laws of the host country. You are responsible for your actions; we will not be able to assist you if you knowingly or not knowingly violate local custom. Your only support will come from the British Embassy or your travel insurance provider.

How do I make a complaint? For any reason should you be dissatisfied with the services that you have received from Al Hashmi Tours, you may notify us in writing within 21 days of the event or 14 days after returning from your pilgrimage, any communications outside this timeline may make any redress difficult.

To assist with any dispute, telephone conversation from booking to completion of your travels and any general discussions of your travel and for security reasons for both parties’ telephone conversations may be recorded.

Please forward any comments to the address or email us via our Contact Us page.

Customer Services

Al Hashmi Tours Ltd, 40 Trinity Road, Aston Birmingham B6 6AL.

Company Registered Office Al Hashmi Tours Limited, is incorporated in England and Wales under the Companies Act 1985.